Permission for change of area, character or use of land ~ LLBH

Permission for change of area, character or use of land

Section 4C of the West Bengal Land Reforms Act, 1955 prescribes the procedure of obtaining permission for change of area, character or use of land.

Application to the collector {Section 4C(1)}

A raiyat holding any land may apply to the Collector for change of area or character of such land or for conversion of the same for any purpose other than the purpose for which it was settled or was being previously used or for alteration in the mode of use of such land.

Explanation.—For the purposes of this Sub-section , mode of use of land may be residential, commercial, industrial, agriculture excluding plantation of tea, pisciculture, forestry, sericulture, horticulture, public utilities or other use of land.

The collector may reject the application or direct such change {Section 4C(2)}

On receipt of such application, the Collector may, after making such inquiry as may be prescribed and after giving the applicant or the persons interested in such land or affected in any way an opportunity of being heard, by order in writing either reject the application or direct such change, conversion or alteration, as the case may be, on such terms and conditions as may be prescribed:

Provided that where the application as stated in sub-section (1) relates to permission for change, conversion or alteration of any plot of land having water body of any description or size, the Collector shall not make any order, unless he has made a prior consultation in writing with such appropriate Department of the State Government as may be prescribed and such order of the Collector may, depending on the circumstances of case, include an order for creation of compensatory water body of equal or larger size of such water body which is required to be changed, converted or altered.

Specification of date {Section 4C(3)}

Every order under sub-section (2) directing change, conversion or alteration shall specify the date from which such change, conversion or alteration shall take effect.

The Revenue Officer shall incorporate the changes in records-of-rights {Section 4C(4)}

A copy of the order passed by the Collector directing change, conversion or alteration, if any, under sub-section (2), or in an appeal therefrom shall be forwarded to the Revenue Officer referred to in section 50 or section 51, as the case may be, and such Revenue Officer shall incorporate in the record-of-rights changes effected by such order and revise the record-of-rights in accordance with such order.

Order of the collector is superior than any authority {Section 4C(4A)}

Notwithstanding anything to the contrary contained in any other law for the time being in force, where the approval of the appropriate Department of the State Government or the local authority in respect of any scheme or project, or the permission of the appropriate Department of the State Government or the local authority in respect of construction of buildings or any other permission to conduct any business or carrying on any activity—

(a) involves change of area of any plot of land or character of such plot of land or conversion of the same as mentioned in sub-section (1); or

(b) amounts to using of any plot of land having any water body of any description or size in a manner that degrades or destroys, directly or indirectly, such water body, no such approval or permission of the appropriate Department of the State Government or the local authority shall be made unless the order of the Collector directing change, conversion or alteration of such plot of land or plot of land having any water body of any description or size, as the case may be, under sub-section (2), is obtained.

Restoration of the land changed in violation of this section {Section (4C)(5)}

(a) Without prejudice to the foregoing provisions of this section, where any plot of land has been changed or converted or altered in violation of this section, if the Collector, on his own motion or on receiving information, is of the opinion that it is necessary so to do in public interest, he may make an order directing a raiyat or a lessee for restoration of the original character of the concerned land within a specified time.

(b) On receipt of the order, the raiyat or the lessee shall restore the original character of the plot of land at his own cost within such time, as may be ordered by the Collector.

(c) If the raiyat or lessee fails to comply with the order, the Collector may take action for restoring the original character of such plot of land and realize the cost for restoration from the raiyat or the lessee.

(d) If the raiyat or lessee fails to pay the cost of restoration, the Collector may realize the cost as a public demand in accordance with the provision of the Bengal Public Demands Recovery Act, 1913 (Bengal Act No. 3 of 1913).

Other conditions {Section 4C(6)}

Notwithstanding anything contained in the foregoing provisions of this section, where any plot of land not exceeding 0.03 acre situated in the areas falling within the local limits of any Municipal Corporation or Municipality, or any plot of land not exceeding 0.08 acre situated in the area not falling within the local limits of any Municipal Corporation or Municipality, other than any plot of land having water body of any description or size, has been changed, converted or altered in the area, character or mode of use of such plot of land in violation of the provision of sub-section (2) of section 4C and if the State Government, on the basis of any report of the Collector, is of the opinion that it is necessary to do so in the public interest, the State Government may, by order, authorize the Collector to regularize such change, conversion or alteration in the area, character or mode of use of the said plot of land, other than any plot of land having water body of any description or size, on payment of such fee depending on the different character or mode of use or size of the plot of land, and in such manner, as may be prescribed.

Provided that the provision of this Sub-section shall not apply to any application for regularisation of any plot of land where such plot of land is changed, converted or altered in the area, character or mode of use of such plot of land in violation of the provision of sub-section (2) of section 4C, made after such time as may be prescribed:

Provided further that the provision of this Sub-section shall not apply to any case where prosecution has been initiated under section 4D.

Provided that, notwithstanding anything contrary contained in Sub-section (6), if the State Government is of the opinion that it is necessary to do so in the public interest, the State Government may, by order, regularise any change, conversion or alteration in the area, character or mode of use of the plot of land, other than any plot of land having water body of any description or size, in accordance with the other provisions of this Act, on payment of such fee depending on the different character or mode of use of the plot of land and in such 'manner, as may be prescribed.

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